cannabisnews.com: State, Activist Groups Back Oakland Marijuana Club





State, Activist Groups Back Oakland Marijuana Club
Posted by FoM on February 21, 2001 at 07:38:47 PT
By Howard Mintz, San Jose Mercury News
Source: Contra Costa Times
The state and a host of civil liberties and medical rights groups are siding with an Oakland pot distribution club in a standoff with the federal government over the future of medical marijuana laws to be considered next month by the U.S. Supreme Court.In a brief filed Tuesday in the Supreme Court, Attorney General Bill Lockyer argued that California has the authority to enforce its voter-approved medical marijuana law without interference from the federal government. 
Proposition 215, overwhelmingly passed in 1996, permitted seriously ill patients to use marijuana, but backers of the law have been entangled in legal battles with the U.S. Justice Department for more than three years."The electorate in California have declared their view on this question, and it should be respected by this court as a democratic exercise properly reserved to the states," California's brief to the justices declared. "The Constitution does not prevent the states from expressing their preference for allowing citizens to use cannabis to treat serious illness."Oral arguments are scheduled before the Supreme Court justices March 28. The court is considering the medical marijuana issue for the first time in a case that could have sweeping implications for Prop. 215 and for the increasing number of states with laws permitting the distribution and use of marijuana for medical purposes.Justice Department officials maintain that laws such as Prop. 215 conflict with federal drug laws, warning the Supreme Court that allowing states such as California to dispense medical marijuana would "promote disrespect and disregard for an act of Congress that is central to combating illicit drug trafficking."The Clinton administration sued the Oakland Cannabis Buyer's Club and five other Northern California pot clubs in 1998. Since then, only the Oakland club has survived to keep the legal fight going, setting up mechanisms for identifying patients who would be eligible to receive medical marijuana, such as those with AIDS, cancer and other life-threatening illnesses. The city of Oakland has supported the cannabis club.The 9th Circuit U.S. Court of Appeals last year set the stage for the Supreme Court case when it carved out an unprecedented exception to federal drug laws. In that ruling, the appeals court found that "medical necessity" could trump the drug laws and allow distribution of pot to patients facing "imminent harm."Legal experts differ on whether the Supreme Court will take a narrow approach to the case, or use it to define how far medical marijuana laws can go generally.Despite the potential stakes in the case, no other state chose to join California's legal position. Washington, Oregon, Arizona, Hawaii, Nevada, Colorado, Maine and Alaska have enacted medical marijuana laws similar to California's, and advocates are pushing for legislation in other states."We were hoping other states that have initiatives would join on board," said Santa Clara University law professor Gerald Uelmen, who will argue before the justices on behalf of the Oakland club.The Oakland club did gather support from other officials and organizations. In one brief, New Mexico Gov. Gary Johnson, an advocate of legalization, and state Sen. John Vasconcellos, D-San Jose, were among a number of individual public officials to support the club's position. The American Civil Liberties Union and a number of medical and public health groups also signed on to friend-of-the-court briefs filed Tuesday opposing the federal government's position.Two anti-drug organizations, the Family Research Council and the Global Drug Policy of Drug Free America, filed briefs last month supporting the Bush administration, which has inherited the case from the Clinton administration.Note: The nation's highest court will get the case next month in a battle over state Prop. 215's legalization of medical use of the drug.Source: Contra Costa Times (CA)Author: Howard Mintz, San Jose Mercury NewsPublished: Wednesday, February 21, 2001Copyright: 2001 Contra Costa Newspapers Inc.Address: 2640 Shadelands Drive, Walnut Creek, CA 94598Website: http://www.contracostatimes.com/Feedback: http://www.contracostatimes.com/contact_us/letters.htmOakland Cannabis Buyer's Cooperativehttp://www.rxcbc.org/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #3 posted by kaptinemo on February 21, 2001 at 11:42:22 PT:
Well, FoM, it's too early for 'summer'.
But we seem to be having a 'spring thaw', of sorts. After a 4 year long winter, the weather is decidedly turning warmer for MMJ.And much hotter for the antis; this recall thing is going to spread, mark my words. The MMJ community has been given nothing but the brush off, the bum's rush, and the occasional backhand. Now, if this gains momentum, it will be a sure sign of a turning tide. Local legislators will think twice about trying to shelter under the Fed umbrella when they see their more obstinate, Federal-schmoozing colleagues shown the door by the voters.Yes, it's going to be even more interseting than last year was.
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Comment #2 posted by FoM on February 21, 2001 at 08:48:32 PT
Hey Kaptin!
Are we going to have a long hot summer again? I sure think so!
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Comment #1 posted by kaptinemo on February 21, 2001 at 08:39:25 PT:
Nothing like a boot on your balls
to get your attention, no?You don't suppose, perhaps, that the Paula Kamena recall effort had anything to do with it, perhaps? Nawwww, that's not it. That's not it at all. Uh-uh. Nope, Bill Lockyer (who had crawled back to California after Barry read him the anti Riot Act on MMJ and threatened him with arrest if he didn't toe the Federal line) is only doing his sworn duty to uphold the California Constitution in the face of Federal interference. 4 years - and God knows how many dead Californians - too late. I had mentioned this before: the local antis are much closer to you than they are to Washington DC. In most cases, you pay their salaries, not Washington. The Kamena Recall is proving this out. A few more recalls across the States, and the antis will swiftly change their tune.Yessir, the anti bollocks are starting to feel just what they dished out over many years. Nothing like a taste of the same medicine to convince them how out of step they are with the people who pay their bills. 
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